DISCLAIMER/TERMS OF USE
Effective Date: April 30, 2021
Last Updated: September 12, 2022
This Disclaimer/Terms of Use (the “Terms”) constitutes a binding agreement between you and Silver Lining Lessons, LLC (“Silver Lining Lessons,” “SLL,” “company,” “website,” “we,” “our,” or “us”) with respect to your use of our website available at www.silverlininglessons.com, our social media pages and accounts, and our mobile applications (collectively, the “Site”). These terms also apply to the services available on and through the Site (the “Services”). You must be at least 18 years of age to access and use the Site and Services.
Please read these terms carefully. By accessing or using the Site or Services, you agree to be bound by these terms and such other terms, conditions, policies, and documents that may be incorporated herein by reference, including, without limitation, our Privacy Policy. If you do not agree to these terms, do not use the Site or Services.
Additional policies, terms, and conditions (including, without limitation, any Site-use or other service fees) (collectively, “Additional Terms”) applicable to certain Services, specific areas of the Site, or to particular content or transactions, may also be posted in particular areas of the Site and, together with these Terms and the Privacy Policy, govern your access to and use of such Services, content or transactions, or Site areas. Any such Additional Terms are incorporated into these Terms. If any inconsistency exists between these Terms and such Additional Terms, such Additional Terms applicable to that Service, content or transaction, or area of the applicable Site will be controlling with respect to the same.
The term “you” and/or “User” refers to anyone who uses, visits and/or views the Site.
1. CHANGES TO TERMS
We may revise and update these Terms from time to time at our sole discretion. The date these Terms were last updated is set forth at the top of this page. All changes are effective immediately and apply to all access to and use of the Site and Services thereafter. Your continued use of the Site and Services following the posting of revised Terms means that you accept and agree to the changes.
2. AFFILIATE / THIRD-PARTY LINKS DISCLOSURE AND DISCLAIMER
We may partner with other businesses or become part of different affiliate marketing programs whose products or services may be promoted or advertised on the Site in exchange for commissions and/or financial rewards when you click and/or purchase those products or services through our affiliate links. We will receive a commission if you make a purchase through our affiliate link at no extra cost to you.
We may also recommend other products or services but no such reference is intended to be an endorsement or statement that such information provided is accurate. We recommend these based on our personal experiences but it is still your responsibility to conduct your own due diligence to ensure you have obtained complete accurate information about such product or services.
These affiliate or third party relationships in no way compromise the integrity of the content, information, services and materials being presented to you here, and you are under no obligation to click on these affiliate links to purchase those products or services being offered. These affiliate programs are selected based on our personal experiences and preferences.
Although we provide these affiliate links on the website for your convenience, we have no control over these external websites and they are solely responsible for their own content and information presented. Therefore, the Company and/or its officers, employees, successors, shareholders, joint venture partners or anyone else working with us cannot be held liable or responsible for any content presented on these external websites and for any damages resulting from them.
This disclosure policy applies to all affiliate links we share on our website, social media pages and accounts, emails, mobile applications, programs, products such as e-books, services and any other means of communication with you.
3. SCOPE OF AND RESTRICTIONS ON USE
Subject to these Terms, Silver Lining Lessons grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Site for your personal, non-commercial use, including any information, data, photographs, written posts, articles, comments, software, scripts, graphics, text, instructions, images, audio files and/or other sounds, videos, and interactive features generated, provided, or otherwise made accessible through the Site or Services, and other materials you may view on, access through, or are otherwise related to on the Site (collectively, the “Content”).
You agree not to:
- Except as otherwise provided in these Terms, copy, download, or store the Content in a retrieval system for any other purpose, or redistribute, reuse, or modify the Content for any purpose, without the express written permission of Silver Lining Lessons;
- Collect information from the Site using an automated software tool or manually on a mass basis;
- Use automated means to access the Site, or gain unauthorized access to the Site or Services or to any account or computer system connected to the Site;
- Obtain, or attempt to obtain, access to areas of the Site, Services or our systems that are not intended for access by you;
- “Flood” the Site with requests or otherwise overburden, disrupt, or harm the Site, Services, or our systems;
- Send bulk emails, surveys, or other mass messaging, whether commercial in nature or not;
- Provide, and you will not use Silver Lining Lessons to provide, any content or service in any commercial manner, or in any manner that would involve junk mail, spam, chain letters, pyramid schemes, or any other form of unauthorized advertising or commerce;
- Use the Site or Services to promote or operate any service or content without Silver Lining Lessons’ prior written consent;
- Restrict or inhibit other users from accessing or using the Site or Services;
- Modify or delete any copyright, trademark, or other proprietary rights notices that appear on the Site or in the Services or Content; or
- Access or use the Site, Services, or any Content for any unlawful purpose or otherwise beyond the scope of the rights granted to you in these Terms of Use.
4. OWNERSHIP
The Site, the Services and the Content are owned by Silver Lining Lessons and its licensors, and are protected under copyright, trademark, and other applicable United States and International laws and treaties. Without limiting the foregoing, the trademarks, trade names, service marks, and logos displayed on the Site are registered and unregistered marks of Silver Lining Lessons and its licensors. You acknowledge and agree that, as between you and Silver Lining Lessons, Silver Lining Lessons is and shall remain the sole owner of the Site and the Content (except User Content as defined in Section 5 below), including, without limitation, all patents, copyrights, trademarks, trade secrets, and other intellectual property and proprietary rights therein and thereto.
The Site, the Services and the Content contains intellectual property owned by Silver Lining Lessons, including, without limitation, trademarks, copyrights, proprietary information and other intellectual property as well as the name, logo, all designs, text, graphics, other files, and the selection and arrangement thereof, also referred to as the “look and feel”.
The entire content of the Site, the Services and the Content is protected by intellectual property law, as well as international copyright and trademark laws. You may NOT modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever any of the Site, the Services, the Content, or intellectual property for public or commercial purposes, in whole or in part, without our prior written consent, including any and all text, graphics, code, software, video, audio, or other content.
5. USER CONTENT
Certain features of the Site or Services may enable users to submit, upload, post, share, display, or transmit to other users (hereinafter “post”) user-generated content (“User Content”) and interact with others through user comment areas, message boards, direct messages, our blog, and similar user-to-user areas. You may not post any User Content that:
- Is unlawful, abusive, malicious, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy rights or right of publicity, or otherwise objectionable;
- Constitutes or promotes sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age;
- Contains any material that could give rise to any civil or criminal liability under any applicable laws, rules, or regulations or that otherwise may be in conflict with these Terms;
- Infringes upon, misappropriates, or otherwise violates any intellectual property rights or other rights of a third party;
- Constitutes or encourages criminal conduct;
- Contains false, misleading, fraudulent, or deceptive claims or content;
- Gives the impression that in emanates from or is endorsed by Silver Lining Lessons or any other person or entity, if this is not the case; or
- Contains any virus, malware, spyware, or other harmful content or code.
Rights You Grant To Us: You hereby grant to Silver Lining Lessons an irrevocable, perpetual, non-exclusive, transferrable, sublicensable, royalty-free, worldwide right and license to use, reproduce, display, perform, distribute, and prepare derivative works of any User Content you post on the Site for any purpose and in all forms and all media, whether now known or that become known in the future, and you waive any and all claims that you may have now or may hereafter have in any jurisdiction to so-called “rental rights,” “moral rights,” and all rights of “droit moral” in your User Content, even if your User Content is altered or changed in an manner not agreeable to you. If you post User Content, you represent and warrant to Silver Lining Lessons that you own or control all rights in and to such User Content and have the right to grant the rights above to us.
No Responsibility: You acknowledge and agree that you are solely responsible for your User Content, and that Silver Lining Lessons is not responsible for, and does not endorse, any User Content.
No Obligation to Prescreen, Monitor or Use: Silver Lining Lessons does not have, and does not undertake, any obligation to prescreen, monitor, edit, or remove any User Content posted on the Site. However, Silver Lining Lessons retains the right (but not the obligation), in its sole discretion and for any reason, to prescreen, monitor, edit, remove, or move User Content posted on the Site. Silver Lining Lessons has no obligation to retain or provide you with copies of your User Content, nor does Silver Lining Lessons guarantee any confidentiality with respect to your User Content. Silver Lining Lessons has the right (but not the obligation), at Silver Lining Lessons’ sole discretion, to refuse to publish, remove, or block access to any User Content, at any time and for any reason, with or without notice.
No Confidentiality or Proprietary Submission: While we appreciate your interest in the Site and our business, Silver Lining Lessons does not want and cannot accept any ideas or information users consider confidential and/or proprietary. This is to avoid the possibility of future misunderstandings when projects independently developed by or on behalf of Silver Lining Lessons might seem to others to be similar to users’ own creative ideas, suggestions, and/or materials. Except with respect to your personal information as expressly set forth in our Privacy Policy, all comments, suggestions, ideas, drawings, concepts, or other information or materials disclosed or offered to us by you via the Site or in response to solicitations on the Site shall be deemed to be non-confidential and non-proprietary.
6. THIRD PARTY MATERIALS, GOODS AND SERVICES
The Site or Services may display, include, or make available third party content (including data, information, applications and other products, services and/or materials) or provide links to third party websites or services (collectively, “Third Party Materials”). You acknowledge and agree that Silver Lining Lessons is not responsible for Third Party Materials, including their accuracy, completeness, timeliness, validity, legality, decency, quality, or any other aspect thereof. Silver Lining Lessons does not assume and will not have any liability to you or any other person or entity for any Third Party Materials. Third Party Materials and links thereto are provided solely as a convenience to you, and you access and use them entirely at your own risk and subject to such third parties’ terms and conditions.
Goods and services of third parties, including food and other perishable items, may be advertised and/or made available on or through the Site. Silver Lining Lessons is not responsible for examining or evaluating, and Silver Lining Lessons does not warrant the offerings of, any of these third parties. Silver Lining Lessons does not assume responsibility or liability for the actions, products, and content of these and any other third parties. Representations made regarding products and services provided by third parties will be governed by the policies and representations made by these third parties. Silver Lining Lessons is not responsible or liable for your transactions, dealings or interactions with third parties.
7. INDEMNIFICATION
You agree to indemnify, defend, and hold Silver Lining Lessons and its licensors, partners, and service providers, and the officers, directors, employees, agents, and representatives of each of them (collectively, the “Silver Lining Lessons Entities”) harmless from and against any claims, liabilities, losses, damages, judgments, awards, costs, and expenses (including reasonable attorneys’ fees) arising out of or resulting from your use of the Site, the Services, and/or any Content, or any violation of these Terms or applicable law. We reserve the right, at our own expense, to assume the exclusive defense and control of any action subject to indemnification by you, and in such event you agree to cooperate with us in defending such action. You agree not to settle any such matter without the prior written consent of Silver Lining Lessons.
8. DISCLAIMERS
The Site, Services and the Content are provided to you on an “as is” and “as available” basis, without warranties of any kind, and Silver Lining Lessons hereby disclaims all warranties, whether express, implied, statutory, or otherwise, including but not limited to any implied warranties of merchantability, fitness for a particular purpose, and non-infringement. The Silver Lining Lessons Entities do not make any warranty or representation with respect to the completeness, security, reliability, quality or accuracy, or availability of the Site, Services or any Content, nor do the Silver Lining Lessons Entities represent or warrant that defects will be corrected, that the Site, Services, Content, or the servers that make them available are free of viruses or other harmful components, or that the Site, Services, or the Content will otherwise meet your needs or expectations. Accordingly, the Silver Lining Lessons Entities are not liable to you for any loss or damage that might arise, for example, from the Site’s inoperability, unavailability, or security vulnerabilities or from your reliance on the quality, accuracy, or reliability of the business listings, ratings, reviews (including their content, order, and display), or other information found on, used on, or made available through the Site or any Service.
If you are dissatisfied with the Site or the Services, your sole and exclusive right and remedy is to terminate your account (if any) and to discontinue your access to and use of the site.
The Silver Lining Lessons Entities make no claims or promises with respect to any third party, such as the businesses or advertisers listed on the Site or the Site’s users. Accordingly, the Silver Lining Lessons Entities are not liable to you for any loss or damage that might arise from their actions or omissions, including, for example, if another user or business misuses your content, identity, or personal information, or if you have a negative experience with one of the businesses or advertisers listed or featured on the Site.
9. LIMITATION OF LIABILITY
To the fullest extent permitted by law, in no event will the Silver Lining Lessons Entities be liable for any indirect, incidental, consequential, special, punitive, or exemplary damages arising from or related to your use of or inability to use the Site, Services or the Content, whether caused by tort (including negligence), breach of contract, or otherwise, even if foreseeable. The Silver Lining Lessons Entities’ maximum aggregate liability to you for losses or damages that you suffer in connection with these Terms or the Site or any Service or Content is limited to the greater of (a) the amount paid, if any, by you to Silver Lining Lessons in connection with the Site in the twelve (12) months prior to the action giving rise to the liability, or (b) U.S. $100.00. The foregoing limitations shall apply even if your remedies under these Terms fail of their essential purpose.
Exclusions: Some jurisdictions do not allow the exclusion or limitation of certain warranties or consequential damages, so some of the exclusions and/or limitations in Section 8 and this Section 9 may not apply to you.
User expressly acknowledges, understands, and agrees that Silver Lining Lessons and our subsidiaries, affiliates, officers, employees, agents, partners, and licensors shall not be liable to you for any punitive, indirect, incidental, special, consequential, or exemplary damages, including, but not limited to, damages which may be related to the loss of any profits, goodwill, use, data, and/or other intangible losses, even though we may have been advised of such possibility that said damages may occur, and result from:
a.) The use or inability to use our website
b.) The cost of procuring substitute goods and services
c.) Unauthorized access to or the alteration of your transmissions and/or data
d.) Statements or conduct of any such party on our website
e.) And any other matter that may be related to our website
10. RESERVATION OF RIGHTS
Silver Lining Lessons reserves all of Silver Lining Lessons’ rights, including but not limited to any and all copyrights, trademarks, patents, trade secrets, and any other proprietary right that Silver Lining Lessons may have in and to the Site, the Content, and goods and Services that may be provided on or through the Site. Other than as set forth in these Terms, the use of Silver Lining Lessons’ rights and property requires Silver Lining Lessons’ prior written consent. By making services available to you, Silver Lining Lessons is not providing you with any implied or express licenses or rights, and you will have no rights to make any commercial use of the Site, Services or Content without Silver Lining Lessons’ prior written consent.
11. CHANGES; SUSPENSION AND TERMINATION
Changes to the Site: Silver Lining Lessons reserves the right to make changes to, suspend, or discontinue (temporarily or permanently) the Site or any portion thereof (including any Services or Content) at any time. You agree that Silver Lining Lessons will not be liable to you or to any third party for any such change, suspension or discontinuance.
Suspension/Termination of Access: Silver Lining Lessons has the right to deny access to, and to suspend or terminate your access to the Site or the Services or to any features or portions thereof, at any time or for any reason, including if you violate these Terms.
12. MISCELLANEOUS
Geographic Restrictions: Silver Lining Lessons is based in the State of Louisiana in the United States. Silver Lining Lessons makes no claims that the Site, Services, or Content are accessible or appropriate outside of the United States. Access to and use of the Site or Services may not be legal by certain persons or in certain countries. If you access the Site from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
Limitation on Time to File Claims: Any cause of action or claim you may have arising out of or relating to these Terms or the Site, Services or Content must be commenced within one (1) year after the cause of action or claim occurs, otherwise, such cause of action or claim is permanently barred.
Waiver and Severability: Our failure to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. If any provision of these Terms is held by a court of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent possible, and the remaining provisions of these Terms will continue in full force and effect.
Entire Agreement: These Terms, including our Privacy Policy and any other policies, terms, and conditions incorporated herein by reference, constitute the sole and entire agreement between you and Silver Lining Lessons with respect to the subject matter hereof, and supersede and replace all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter.
Our Communications to You: Silver Lining Lessons may communicate with you electronically, including by posting notices on the Site or by responding to your emails. You agree that all agreements, notices, disclosures or other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Feedback and Unsolicited Material: Any feedback, comments, messages, or suggestions you may provide to Silver Lining Lessons regarding the Site or the Services or the Content is entirely voluntary and we will be free to use such feedback, comments, messages, or suggestions as we see fit and without compensation or obligation to you.
Notices: Unless otherwise specified in these Terms, all notices under these Terms will be in writing and will be deemed to have been duly given when received if personally delivered or if by certified or registered mail, return receipt requested; when receipt is electronically confirmed if transmitted by facsimile or e-mail; or the day after it is sent if sent for next day delivery by recognized overnight delivery service. Electronic notices should be sent to [email protected].
Headings: The section and paragraph headings in these Terms are for convenience only and shall not affect their interpretation.
Questions: If you have any questions about the Site, Services, Content, or these Terms, please contact us at [email protected].
Contact Us
If you have any questions, please contact us:
By email: [email protected]
By email: [email protected]
